VITHOBA RAMJI THORAT Vs. NARAYAN GENBA

JUDGEMENT

(1.) THSI Potion by the Landlords under Article 227 of the Constitution of India challenges the fixation of standard rent by the learned IIIrd Additional Judge, Small Causes Court Pune in Misc. Application No. 540 of 1974 at the rate of Rs 55 per month exclusive of education cess and other charges, which is confirmed in revision by the extra Joint Judge, Pune on 15/1/1982.

(2.) THE few facts which are relevant for the purpose of this petition are the property in dispute a room admeasuring about 12'x10' which was in possession of the respondent before he was evicted under Section 13 (1) (h) (h) of the bombay Rent Act, after its reconstruction the respondent was put in possession and since a new building was constructed, the petitioners filed an application for fixation of standard rent as contemplated under the provisions of the Bombay, rent Act More particularly under Section 17 (b) sub-clause (a)proviso. It was the contention of the petitioners in the application that they constructed the new building with cement concrete and they spent about Rs. 2,01,040 and talking into consideration the location of the house in the suit property and the cost of construction, the standard rent should be fixed at the rate of Rs. 110 per month The respondent contested the said application and claimed that in any event the standard rent cannot be more than Rs 50 per month. The petitioners examined the architect and the evidence that was led by the petitioners was appreciated and the learned IIIrd Additional Judge, Small causes Court, Pune fixed Rs. 55 per month as standard rent exclusive of education cess and other charges.

(3.) BEING aggrieved and dissatisfied by the aforesaid order, the petitioners filed Civil Revision Application No. 74 of 1979. The learned Extra Joint judge, Pune by his judgment and order, dated 15/1/1982 confirmed the findings recorded by the Trial Court and rejected the application.